Norwood City Council

Council Chambers

February 27, 2007

 

 

 

A)  CALL TO ORDER

The Council for the City of Norwood met in regular session on the above date with Ms. Jane Grote presiding.  The meeting opened with a prayer and the Pledge of Allegiance.

 

B)   PRAYER

 

C)  PLEDGE OF ALLEGIANCE

 

D)  ROLL CALL

On roll call, the following members answered present:  Mr. Gabbard, Mr. Sanker, Mr. Schneider, Mr. Moore, Ms. Kelly, Mr. Barlow, and Mr. Mumper.

 

E)   AMENDMENT OF AGENDA

On a motion by Mr. Mumper, seconded by Mr. Barlow, it was moved to amend the agenda by adding Committee Reports G-1) and G-2), Ordinance I-E), Communication O-9), and by moving Ordinance J-A) to the first order of business after Committee Reports.  All members present voted YES.

 

F)     REQUESTS TO ADDRESS COUNCIL ON AGENDA ITEMS

There were no requests to address Council.

 

G)  REPORTS OF STANDING COMMITTEES OF COUNCIL

As amended, Council then considered the following item:

 

1.      Finance & Audit RE: Police Cruisers

 

Mr. Sanker commented that after discussing this once more with the Police Department, it has been determined that the most advantageous move would be to purchase 3 cruisers at this time.  On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to accept the report.  All members present voted YES.

 

2.      Finance & Audit RE: Montgomery Road Project

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to accept the

report.  All members present voted YES.

 

As Amended, Council then considered the following item.

 

J-A)  RESOLUTION ADOPTING THE CITIES READINESS INITIATIVE (CRI) PLAN, AND DECLARING AN EMERGENCY

 

Mr. Moore asked Ms. Donna Laake to approach to address Council regarding the Cities Readiness Initiative (CRI) plan.

 

Ms. Laake explained the plan that is required by the Federal Center of Disease Control.  Initially, 10 cities were required to prepare a CRI Plan, the Cincinnati Metropolitan Statistical areas was added as part of an additional 14 cities that were added this year.  This covers Southwest Ohio, Northern Kentucky, and Eastern Indiana.  The plan covers the dispersion and distribution of medication in the event of a widespread chemical weapons release.  Both a push and pull mechanism are included in this thorough plan and requires the City of Norwood to provide resources and personnel to enact the plan should the situation arise.  This plan will be revised and continually updated as we prepare for other such threats.

 

Mr. Sanker asked how often this might be revisited.  Ms. Laake responded that this will be updated annually as we are required to address medication distribution for Anthrax specifically.  In future years, more threats will be included and this will continue to become a more complex and comprehensive.  Ms. Laake added that this is a public document if citizens would like to review.

 

On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved to hear the first

reading of the Resolution.  All members present voted YES

 

H)  SECOND READING OF ORDINANCES

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to remove Ordinance H-A regarding five police sedans, and replace it with the Ordinance recommended by the Finance and Audit Committee Report requesting three police sedans.  All members present voted YES.

 

As amended, Council then considered the following item:

 

A)  ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE-SAFETY TO ENTER INTO A CONTRACT UNDER THE STATE BID PURCHASE PROGRAM FOR THE PURCHASE OF THREE (3) 2007 FORD CROWN VICTORIA POLICE SEDANS, OUTFITTED WITH THE PROPER SAFETY EQUIPMENT FOR USE BY THE NORWOOD POLICE DIVISION, AND DECLARING AN EMERGENCY

 

Mr. Schneider asked if the $87,000 includes the lighting and equipment packages on these cruisers.  Mr. Sanker confirmed and added that this will be spread out over a three year lease to purchase agreement.

 

Mr. Moore mentioned that the reason this needs to be passed tonight is in order to take advantage of the State Purchase Program.  Mr. Moore added that the Finance and Audit Committee asked the Police Department to provide a long term plan and this was received.  It is a good plan, but we are unsure if we have the ability to implement the first year of the plan which calls for 5 cruisers.  The current plan is to purchase three cruisers and later in the year determine if we can purchase the remaining cruisers.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to suspend the

rules and hear all three readings of the ordinance.  All members present voted YES.

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to pass the

Ordinance.  All members present voted YES.

 

I)      INTRODUCTORY READING OF ORDINANCE

 

A)  ORDINANCE AMENDING ORDINANCE 56-2002 TO PROVIDE A PAY INCREASE OF TWO PERCENT (2%) FOR THE AUXILIARY POLICE UNIT FOR THE CITY OF NORWOOD, AND DECLARING AN EMERGENCY

 

Mr. Moore asked Mr. Kiser to the podium to discuss this Ordinance.  Mr. Kiser explained that the 2% Ordinance passed previously probably covers the Auxiliary Police;  however, since the Auxiliary Police are declared in a separate Ordinance the Law Department was appropriate to pass this separate Ordinance providing for the same 2%.  This is primarily a housekeeping measure.

 

On a motion by Mr. Moore, seconded by Mr. Sanker, it was moved to suspend the rules

and hear all three readings of the ordinance.  All members present voted YES.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to pass the

Ordinance.  All members present voted YES.

 

B)   ORDINANCE AUTHORIZING THE CLERK/TREASURER TO CERTIFY UNPAID WATER AND SEWER BILLS AS WELL AS GARBAGE FEES TO THE HAMILTON COUNTY AUDITOR FOR FILING AS A LIEN ON THE TAX DUPLICATE OF THE OWNER(S) OF SAID PARCEL AND BE COLLECTED AS OTHER TAXES

 

On a motion by Mr. Mumper, seconded by Mr. Schneider, it was moved to hear the first

reading of the ordinance.  All members present voted YES.

 

C)   ORDINANCE AMENDING THE PROVISIONS AND FEE SCHEDULES UNDER CHAPTER 1305.05 OF THE NORWOOD CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY

 

On a motion by Mr. Moore, seconded by Ms. Kelly, it was moved to hear the first

reading of the ordinance.  All members present voted YES.

 

D)  ORDINANCE AUTHORIZING THE MAYOR AND/OR SAFETY-SERVICE DIRECTOR TO ENTER INTO A CONTRACT FOR PROFESSIONAL COLLECTION SERVICES WITH CAPITAL RECOVERY SYSTEMS, INC., AND DECLARING AN EMERGENCY

 

Mr. Mumper asked Mayor Williams to comment on this Ordinance.  Mayor Williams explained that this essentially allows a collection service to collect outstanding fees and will not cost the City anything while collecting these fees that would normally go uncollected.

 

Mr. Moore asked the Mayor when the collection service would take over.  Mayor Williams responded that he would consult with the Law Department and Clerk of Courts.

 

On a motion by Mr. Mumper, seconded by Mr. Sanker, it was moved to suspend the

rules and hear all three readings of the Ordinance.  All members present voted YES.

 

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to pass the

Ordinance.  All members present voted YES.

 

As amended, Council then considered the following item:

 

E)   ORDINANCE ADOPTING THE “FINAL RESOLUTION” ASSOCIATED WITH THE IMPROVEMENTS TO MONTGOMERY ROAD, CARTHAGE AVENUE, ROSS AVENUE, NORWOOD AVENUE AND SECTION AVENUE IN THE CITY OF NORWOOD AND AUTHORIZING THE SAFETY-SERVICE DIRECTOR AND/OR MAYOR TO ENTER INTO THE CONTRACTS PROVIDED BY THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS, AND DECLARING AN EMERGENCY

 

Mr. Moore asked Mr. Geers to the podium to explain the timing requirements.  Mr. Geers responded that this needs to be passed tonight and to ODOT by March 1st.

 

Mr. Moore mentioned that Council had received a letter from him indicating that the City would be responsible for an additional $800,000 for this project.  The amount indicated in this Ordinance is much less.  Mr. Moore asked Mr. Geers for details on the different amounts.  Mr. Geers provided history indicating that the 2003 agreement called for any cost overruns to be provided by the City of Norwood.  In a January letter from ODOT, they had indicated that based on estimated the cost overruns would total $816,240 and we would have until March 1st to provide for these funds.  Since that time, several things have been resolved including an increase in funding from OKI, ODOT is now funding the entrance to SR 562, and Neyer, Inc has waived the loan of funds that they fronted for the purchase of easements and are now contributing a total of $381,000 to the project.  That leaves approximately $227,000 unfunded and through discussions with ODOT they will open up the bidding if we cover $100,000 of that shortfall now.  The remaining $127,000 will be payable on July 1st, 2007 if and only if the actual bids reflect ODOTs estimates.  The important timing issue was to allow the opening of the bid process and we will determine the next step based on the bid responses.  Bidding will open on March 16th.  Many parties have significant funds invested in this effort and this was a great example of the many parties working together for the greater good of the project.

 

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved to suspend the

rules and hear all three readings of the Ordinance.  All members present voted YES.

 

On a motion by Mr. Mumper, seconded by Mr. Moore, it was moved to pass the

Ordinance.  All members present voted YES.

 

J)    INTRODUCTORY READING OF RESOLUTION

 

A)  RESOLUTION ADOPTING THE CITIES READINESS INITIATIVE (CRI) PLAN, AND DECLARING AN EMERGENCY

 

As amended, this item was considered previously.

 

K)  ADMINISTRATION REPORTS

 

Mayor Williams was present and mentioned that he made a return trip to see the updates on the Siemens expansion.  This is a fascinating project that is moving along nicely.  When complete their will be invitations to the grand opening.

 

Mayor Williams mentioned that potholes and tree limbs are a hot topic at this point and Public Works is working very hard to address these concerns.

 

Additionally, Mayor Williams commented on the recent Enquirer Article regarding the Rookwood Exchange project.  Mayor Williams mentioned there is not much news to report on, but there is optimism that this can be resolved and progress can begin.

 

Mayor Williams also had a meeting recently with Norwood Plaza Management and Xavier University regarding progress on the Government Services Administration possibilities.   The site is still in the running for this relocation and we will provide updates as they are available.

 

When opened for questions, Mr. Mumper asked if there was any update to the unemployment claim that was transferred to the City and commented on at the last meeting of Council.  Mayor Williams responded that the Law Department recommended that this claim be appealed and this is in progress.

 

Mr. Schneider asked for an update on the delivery of the dump trucks.  Mayor Williams answered that they are scheduled for delivery in the next week or so.  

 

Mr. Schneider also asked if there was an update to the TIF negotiations between Neyer and the Norwood City Schools.  Mayor Williams replied that he had unofficial word that the School Board has passed the agreement.  This is still not official but if this is true it is a wise move and greatly appreciated.

 

Mr. Sanker asked about the status of the recent water main breaks particularly along the Section Rd. overpass.  Mayor Williams responded that the water main on the overpass continues to be a problem but will be addressed.  No one is out of service or out of pressure but that will likely require a valve replacement and a series of comprehensive flow tests.  Mr. Geers came up to provide additional perspective and confirmed that the other recent water main breaks are being addressed.  In some cases there are no noticeable symptoms but to proactively monitor consumption changes.

 

In regard to pothole issues, Mr. Sanker asked about the potholes East on Highland that is notorious for pothole problems.  Mr. Geers responded that the area is question is Cincinnati and they have been contacted to address the issue.

Ms. Kelly asked Mr. Geers for an update on the Williams Avenue project.  Mr. Geers responded that the project is progressing.  They are currently tying into the new mains and since some of the bids came in low, we are able to include the replacement of curbs and some aprons in the area.  This has been a massive project with significant coordination and thanked everyone for their patience.  Completion is scheduled for late spring.

 

With the recent Marcus Fiesel tragedy, Mr. Sanker asked Mayor Williams to give some advice to those that may be suspicious of this or even minor child care issues.  Mayor Williams encouraged all residents to be proactive, call the police and continue with follow up calls as long as the suspicion remains.  Call the Police Department and 241-KIDS immediately; waiting as little as a day could be a disaster and many issues can be avoided with the proper notification and response.  Do not hesitate.

 

Mr. Kiser, Assistant Law Director, was also present and began the Law Department report with the news that Soupie’s has officially lost their liquor license.  This is a testament to teamwork on this effort that began 3 years ago.  City Council, the Police Department, Xavier University, surrounding residents, and the Liquor Control Board all deserve our gratitude for eliminating this longstanding issue.

 

Mr. Kiser also mentioned that the City of Cincinnati has recently enacted legislation that imposes a $500 penalty plus towing costs for any vehicle used in a drug or prostitution incident.  The City of Norwood should consider something similar.  This penalty would be above and beyond criminal penalties.

 

Mr. Kiser added that the Ordinance regarding Capital Recovery Systems, INC will add a valuable tool in enforcing our fine and court costs structure.

 

When opened for questions, Mr. Mumper asked if our unemployment payments would be refunded if our appeal is successful.  Mr. Kiser confirmed and stated that the Unemployment Board would refund the payments to the pool.

 

Mr. Sanker added to the comment on Soupies and explained that we are not in the business of putting good local operations out of business.  This was a case of repeated violations and not a one time incident.  There were several cases where it appears that they preyed on the underage.  Mr. Kiser added that over a 2 year period there were an average of 1.5 police runs per day to this location.  Some of these were horrible crimes and a miserable waste of Police Department resources.

 

L)     OTHER REQUEST TO ADDRESS COUNCIL

There were no requests to address Council.

 

M)  UNFINISHED BUSINESS

 

Mr. Moore asked that a letter be sent to the Building Department requesting a full list of proposed fee changes in the Building Code Fee Ordinance.

 

Ms. Kelly announced that she would host an open forum the 3rd Tuesday of the month from 7:30-8:30 in Council Chambers.  All are invited to share concerns and issues.

 

Mr. Moore added that at his most recent call in show there was a call regarding Residential Design Standards regarding porches and Mr. Moore asked that this item be placed into Council’s Committee of the Whole.

 

Mr. Sanker thanked the Health Department for their effort in organizing the blood drive.  There is generally a shortage of donors at this time of year and this was well attended.  The Health Department will hold another drive in 4-5 months.

 

Mr. Mumper mentioned that Mr. Jessie Layne is retiring from many years of service with the Health Department and thanked Jessie for the quality execution of his multiple job responsibilities.  Mr. Mumper commented that there are certainly many that have personal stories of contact with Mr. Layne and sure that all were resolved with great satisfaction.

 

N)  NEW BUSINESS

 

O)  COMMUNICATIONS

 

1.      Letter from Mayor RE: Tree Board Appointment

On a motion from Mr. Mumper, seconded by Mr. Schneider, it was moved that the letter be received and filed and that the appointment be approved.  All members present voted YES.

 

2.      Letter from Liquor Control RE: Kkusum Inc. Hearing

On a motion by Mr. Moore, seconded by Mr. Mumper, it was moved that the letter be received and filed.  All members present voted YES.

 

3.      Letter from Dan Bly RE: Tropical Bar

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved that the letter be received and filed.  All members present voted YES.

 

4.      Letter from Liquor Control RE: Tropical Bar

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved that the letter be received and filed.  All members present voted YES.

 

5.      Letter from Liquor Control RE: Norwood Drive Thru

 

6.      Letter from Tax Department RE: Norwood Drive Thru

 

7.      Letter from Chief Schlie RE: Norwood Drive Thru

On a motion by Mr. Schneider, seconded by Ms. Kelly, it was moved that Communications 5, 6, and 7 be received and filed and to object to the transfer based on an objection from the tax department regarding tax obligations.  All members present voted YES.

 

8.      Letter from Chief Goodman RE: EMS Billing Review

On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved that the letter be received and filed.  All members present voted YES.

 

As amended, Council then considered the following item:

 

9.      Letter from Liquor Control Commission RE: Soupies Grill & Bar

On a motion by Mr. Schneider, seconded by Mr. Mumper, it was moved that the letter be received and filed.  All members present voted YES.

 

P)   EXCUSE ABSENT MEMBERS

All members present

 

Q)  ADJOURNMENT

On a motion by Mr. Mumper, seconded by Ms. Kelly, it was moved to adjourn.  All members present voted YES.

 

 

 

 

 

______________________________            ______________________________

J. Brian Mumper                                          Jane M. Grote

Clerk of Council                                            President of Council